Last Updated: April 21, 2019
Agreement between user and www.PERSONALSTACKS.com.
Welcome to www.PERSONALSTACKS.com. The www.PERSONALSTACKS.com website (the "Site") is comprised of various web pages operated by PERSONALSTACKS, LLC ("PS", "Personal Stacks", "PERSONALSTACKS", "Us", "We" or "Company"). These Terms and Conditions ("Agreement") are a legal agreement between you ("You", "Your", "User" Or "Customer") and Company, the operator of the Site. This Agreement states the Terms and Conditions that govern your use of the Site and the products and memberships sold on it. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Introduction and Purpose
The Site is a monthly membership program with the sole purpose of providing personalized supplements to its members. This Agreement states the Terms and Conditions that govern Your use of the Site and the products and memberships sold on it.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.
We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Company. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Company. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
4. Electronic Contracting, Passwords, Notices and Communications
Visiting the Site or sending emails to PS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
In order to receive notices or other communications electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any notices or other communications, if you so choose. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
5. Your Account and Passwords
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PS is not responsible for third party access to your account that results from theft or misappropriation of your account. PS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Us if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site. PS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 21, you are not permitted to use this Site with or without the permission of a parent or guardian.
6. Site Membership
7. The Monthly Subscription Contract Between You and PERSONALSTACKS™
By purchasing a month-to-month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. To cancel your subscription at any time, you must log on to your account or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. Company may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Company reasonably could act.
PERSONALSTACKS™ operates on a month-to-month billing system. By subscribing to PERSONALSTACKS™, you acknowledge that your subscription has an initial and recurring payment process. Subscribing means you accept responsibility for all recurring charges prior to cancellation. Your current subscription rate remains active until you cancel your subscription. By signing up and subscribing to PERSONALSTACKS™, you are authorizing us to charge you on a monthly and recurring basis.
8. Access Costs, Equipment and Software
You must provide at your own expense the equipment and Internet connections that you will need to access this site. This site may require the use of certain third-party software. You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access or use this site.
9. Links to Third-Party Websites and Services
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that PS may share such information and data with any third party with whom PS has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
You will be able to connect your PS account to third party accounts. By connecting your PS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
10. Use of Material from this Site
All contents of this site, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works and data found on this site (collectively, the "Materials"), are the property of and owned by PS or its licensors, and is protected by copyright, trademark and other laws of the United States. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.
11. Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and right to grant a license to use any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, fraudulent, obscene or threatening; infringing on third parties' intellectual property rights, including but not limited to trademark, copyright or patent rights, right of publicity, right of privacy, trade secret or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site.
12. Refund Policy
Company doesn't have a refund policy. Once you are billed for the upcoming month, it is final. There will be no refunds. All sales done by Company and the Site are final.
13. Cancellation Policy
You may cancel your subscription at anytime by logging into your account. Then head over to your dashboard, go into the “My Stack” tab and just hit "Cancel".
Company is not liable for products that are damaged or lost during the transit from Us to You. If you are dissatisfied with the Product for any reason, contact Us so that we can remedy the issue.
Shipping dates are estimates only. All shipments are sent First-Class & Priority via the United States Postal Service. Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Please Note: The actual shipping time may vary depending on the third-party shipping companies that we ship with. We are not responsible for any delays incurred on their end. PERSONALSTACKS™ generally ships at the beginning of every month. For International shipments, additional shipping prices are appended onto the subscription total.
The PERSONALSTACKS™ logo and the PERSONALSTACKS™ personalized subscription service are registered trademarks of the PERSONALSTACKS, LLC. PERSONALSTACKS™ trademarks may not be used in connection with any product or service that is not PERSONALSTACKS's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits PERSONALSTACKS™. Other products or company names used on this website may be trademarks of their respective owners.
16. Intellectual Property and Proprietary Rights / No Unlawful or Prohibited Use
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PS or our licensors except as expressly authorized by these Terms.
We respect the intellectual property rights of others, and we request that our visitors do the same. This Site may include user-submitted materials, and we cannot and do not monitor all of the material submitted to the site.
By using the Site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the site and any content on the site, including, but not limited to, whether you should rely on such content.
Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the site, and to reject, delete, disable or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third-parties or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable or remove any content at any time, for the reasons set forth above, for any other reason or for no reason.
If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify Us of your copyright infringement claim in accordance with the following procedure. We will process such notices and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). If you believe your work has been used in a manner that may constitute copyright or trademark infringement, you may notify our legal team’s lead counsel at RBNM Group, whom can be reached at:
Please include all of the following in your notification:
17. International Users and Jurisdiction
The Site is controlled, operated and administered by PS from our offices within California. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the PS Content accessed through www.PERSONALSTACKS.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Visitor or user access to www.PERSONALSTACKS.com is governed by all applicable federal, state, and local laws. All information available on www.PERSONALSTACKS.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
Agree that we are not liable for content that is provided by others. We have no duty to pre-screen content that is submitted by third parties (including you) to this site, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. This website is provided “as is” without any representations or warranties, express or implied. Company makes no representations or warranties in relation to this website or the information and materials provided on this website. Changes are periodically made to the site and may be made at any time.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PS OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. PS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
19. Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PERSONALSTACKS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PERSONALSTACKS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PERSONALSTACKS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL ANY PERSONALSTACKS™ PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A PERSONALSTACKS™ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THEREFORE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER PS NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless PS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. If you cause a technical disruption of this site or the systems transmitting this site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. PS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PS in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
22. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
23. Termination/Access Restriction
PS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PS as a result of this agreement or use of the Site. PS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PS with respect to the Site. It is the express wish to the parties that this agreement and all related documents be written in English.
PS reserves the right the cancel your subscription if we deem that your account has incorrect information. We reserve the right to refuse, cancel, and refund your service if it comes to our attention that a subscriber is underage. We reserve the right to refuse, cancel, and refund your service at our discretion. We have a zero-tolerance policy towards underage subscribers.
If you do not agree with any of our aforementioned policies or terms and conditions, please refrain from using our website, subscription service, and exit this webpage.
24. Changes to Terms
26. Contact Us
PERSONALSTACKS™ welcomes your questions or comments. For general inquiries you may contact us at [email protected].
Effective Date: This Terms & Conditions is effective as of April 21, 2019.